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Policing and Law Enforcement Act
Urgency: UTMOST Drafted by: Senator Kouralia of the USLP Co-Sponsors: New Freedomstan (USLP), Evraim (PC), Othelos (PC), Zweite Alaje (NIFP), Demphor (N/A), Geilinor (LD), Ziegenhain (LFP) The government of our nation, AWARE that our fair land has no formalised method of dealing with criminals, UNDERSTANDING that such a situation is objectively unacceptable, RECOMMENDING that the senate hereby moves to form a uniformed, official and publicly accountable Police Force/Police Forces along the following lines. A : Formation of Localised Constabularies and Equivalents 1.0 - The formation of the Regional Marshals and Temporary Policing Coordination bureau 1.1 - Acknowledging that the creation of a professional and qualified Police Force takes time, we must not suffer temporary anarchy. 1.2 - In order to overcome this, until such time as a professional organisation can be formed, a system of elected deputies shall exist. Each geographically-divided region shall be mandated to elect approximately 1% of its populaton to serve part-time as a 'Regional Marshal' RM. Their job shall be to temporarily inter people under the society's interpretation of the laws. Additionally, a Temporary Policing Coordination Bureau TPCB shall be formed to manage, enlist, dismiss and investigate the RMs. 1.3 - Acknowledging that this leaves the situation open to abuse, an alert of any act committed by an RM shall be transmitted to the TPCB by the RM him/herself. The TPCB shall be able to order any RM to cease and desist in any activities. 1.4 - All RM shall be accountable for their actions, which shall be reviewed by the Ministry of Justice (National Security Act) following the dissolution of the RM and TPCB. If they are found to be unlawful then a punishment can be thusly applied. 1.5 - Any RM may be formally relieved of their position by the TPCB if a complaint regarding them is found to be truthful and of acceptable severity. 1.6 - The position of RM shall be paid by a wage of *X*, not affected by their productivity but affected by their successful conviction rate with danger pay provided. 2.0 - The dissolution of the Regional Marshals and Temporary Policing Coordination Bureau 2.1 - The Dissolution of the RM and TPCB shall occur by the order of a judge of a Court of Law, with each order only being able to be passed when the Officers Commanding of any relevant regional Constabularies agree that they are capable of undertaking the Law Enforcement Duties in that area. 2.2 - Any RM who refuses to surrender any claim to that position when required to do so by the legal authority of the TCPB or a Court of Law will be charged with Impersonating a Police Officer. 3.0 - Formation of Regional Constabularies 3.1 - Jurisdictional Districts shall be determined by a Committee of the Ministry of Justice (National Security Act), and each shall have a Constabulary formed within it. (e.g. Metropolitan Constabulary). 3.2 - The recruitment of officers into each Constabulary shall be handled by the relevant officials in that Constabulary, with final decisions remaining with that Constabulary. 3.3 - Requirements for recruitment will be determined by each Constabulary, however the following shall be mandated as a minimum: Holding a Current Drivers License (Following the creation of a Driver and Vehicle Licensing Agency) Ability to swim No past violent or serious crimes Non-membership of any Party Paramilitary (e.g. the Security Branch of the People's Proletarian Force) Passing of a Standardised Fitness Test, the contents of which are to be determined. B : Accountability of Localised Constabularies and Equivalents 1.0 - Accountability of Regional Marshals 1.1 - All RM shall be held accountable to the TPCB, and the TPCB has complete ability to mandate removal of an RM for violation of organisational ethics. 1.2 - The TPCB is accountable to the elected Minister of the Ministry of Justice (National Security Act), and the request for its dissolvement shall come from him/her alone. 2.0 - Accountability of Local Constabularies 2.1 - All local Constabularies will be held accountable to the Independent Police Internal Affairs Agency IPIAA. 2.2 - The IPIAA shall be tasked with investigating fully any complaint against the Local Constabularies. 2.3 - The IPIAA shall have the ability to fire any police officer found to have violated the Policing Code of Practice, or provide any other proportionate punishment including recommending they be charged with a criminal activity to be tried in a Court of Law. 2.4 - The IPIAA and Regional Constabularies shall be held accountable to the Ministry of Justice (National Security Act) and therefore to the elected Minister, and therefore to the Public. This ensures that neither organisation can continue along a path without the backing of the Public. C : Powers of Local Constabularies 1.0 - Powers to Arrest or Search a Person 1.1 - Any sworn in Constable (Constable used hereafter to refer to any sworn in law enforcement officer of a Local Constabulary) can arrest someone formally as a Police Officer as opposed to a Citizen’s Arrest. 1.2 - Upon arresting any person, the Constable must cite which section of the Law they have breached, and have their rights read to them: ‘You have the right to remain silent, however anything you do say can and could be taken down and be used in a court of law against you. beware of failing to mention something now which you later rely on in a Court of Law. You have the right to Legal Assistance.’ If this does not occur then the Custody Serjeant may refuse to take Custody of the Arrestee. 1.3 - In order to arrest that person, the Constable must have reasonable cause to believe they have breached the required section of the law, and should they fail to have breached that section of law then the Constable could suffer a penalty up to and including Assault, Kidnapping and Unlawful Detainment. 1.4 - In the event that a person resists this arrest, another charge may be applied. If the arrest is found to be unlawful, this charge may be translated to a relevant civilian/civilian assault charge should it be found to be disproportionate (i.e. stabbing a police man because said Constable is mistakenly arresting the wrong person for throwing a projectile at a Constable would result in a charge of attempted murder - even if it were determined that the Constable Arresting were doing do knowingly unlawfully.) 1.5 - No person may be searched without consent unless they have been arrested. 1.6 - Refusing to be searched is not a crime, however if being searched is a requirement for anything (e.g. entering a Government Building) then refusal to be searched will not enable this requirement to be bypassed. 1.7 - No person may be searched by a Constable of the opposite gender. 1.8 - Any evidence procured through a search must be isolated from the Officer’s possessions and placed within an evidence bag. It’s seizure must be made known to the Searchee. If this does not occur then it may be inadmissable in court. 2.0 - Powers to Enter or Search a Property 1.1 - A Police Officer may enter any private property should they have reason to believe (beyond reasonable doubt) that any of the following are occurring: Assault Battery Attempted Murder Manslaughter Theft Sexual Assaults Destruction of Property They may enter any private property should they have reason to believe (beyond any reasonable doubt) that any of the following have been committed in the property: Murder They may enter any private property in order to pursue a fleeing suspect. They may enter any private property to ‘ensure the safety and integrity of life of person or property’. If this is found to be mis-used then the police officer may be punished up to and including being charged with Breaking and Entering. 1.2 - A Police Officer may search a property without a warrant under the above conditions barring Pursuit of a Suspect. This search must be non-invasive and must end at the boundary of the private property. 1.3 - Any destruction of property occurring through an illegal entrance or search will be compensated for to 100% by the Local Constabulary. If the search or entrance was legal, then an application for compensation may be made but successful reimbursement is not guaranteed. 3.0 - Powers with Warrant 3.1 - If in possession of a valid warrant (e.g. ‘Warrant to Search property Number 221B, Baker Street, London’) then the pre-stated requirements to search, enter or arrest an individual or property are not required. 3.2 - If this warrant is served incorrectly, then the results of the search may be inadmissible. 3.3 - If the property owner is present and brought to hold conversation with involved Constables, then said warrant must be presented to them for inspection. If not, then it must be presented to them upon arrival. 3.4 - Violence to resist the serving of a warrant will incur a criminal charge. 3.5 - A warrant may only be signed by a Sworn In Judge, and if it does not contain a signature from any said person then it is invalid as a legal document. 3.6 - If said warrant was invalid illegal, enacting it will not constitute an offence, unless it is done while knowing that the warrant was invalid, in which case a penalty up to and including Breaking and Entering OR Assault and Kidnapping and Unlawful Detention OR Assault (respectively to Enter, Arrest or Search (a person)). 4.0 - Power to Bear Arms 4.1 - Understanding this nation has no firearms limitation laws, all Police officers are entitled (or mandated, by Constabulary-Determined policy) to carry Constabulary-standardised firearms classified as ‘Pistols’ about their person while on duty. 4.2 - Understanding this nation has no firearms limitation laws, specialist Firearms units shall be formed of specially trained and selected elite Firearms Officers. 4.3 - Said Firearms Officers may carry appropriate weaponry for their role. 5.0 - Power to End Life 5.1 - Should an armed person A) present a Clear and Present Danger, or B) cause a Constable to believe they present a Clear and Present Danger to another human being, a Constable will be justified in engaging them with their Duty Weapon. 5.2 - Said Constable is justified in using sufficient force to neutralise the threat utterly. 5.3 - Said Constable is free to act without prior permission in such an instance. 5.4 - Said Constable’s actions will be thoroughly investigated, and if the action was found to be justified yet in error (see 5.1.B), no action may be taken to punish them. If the action was found to be in error and unjustified then any punishment up to and including being charged with Murder may occur. 6.0 - Jurisdiction 6.1 - A Local Constabulary’s jurisdiction RE: call outs extends to the limit of their jurisdiction, with reasonable leeway. 6.2 - A Local Constabulary’s jurisdiction RE: crimes in progress and witnessed by a Constable in person extends up to the end of national borders and national waters. 6.3 - Hot Pursuit applies RE: the pursuit of suspects cross jurisdictions. 6.4 - A Constable maintains powers over any and all citizens of this nation, including Military Personnel. This is not reciprocated by Military Policemen. Any citizen of this nation may Lawfully Assist a Constable in the lawful enactment of their powers. D : Equipment 1.0 - Uniforms 1.1 - It is recommended that the uniform of each Constable consist of numerous Dress Uniform Numbers. Ceremonial, Working and Combat. 1.2 - Ceremonial to consist of a Standardised national Dress Uniform in line with, yet distinct of the Army #1 Dress. 1.3 - Working to consist of easily maintained and hard-wearing material clothes, an example being a service cap/bowler hat, a stab-proof vest in an unobtrusive hue (black recommended), belt kit, a polo-shirt in an unobtrusive hue, cargo trousers in an unobtrusive hue and combat boots (black). This uniform may be deviated from by Local Constabularies. 1.4 - Combat to consist of Working with ballistic protection for use by Firearms Officers. 2.0 - Belt Kit 2.1 - Acknowledging that all Police Constables require equipment in the carrying out of their duty. 2.2 - Mandating the carrying of this by every Beat Officer: 1x Handcuffs Pair 1x Baton 1x CS can 1x Radio 2x Evidence Bags 1x Badge of Office 2.3 - Recognising that additional equipment may be carried by Constables where necessary. 3.0 - Weaponry 3.1 - Understanding this nation has no firearms limitation laws, it is recommended that all Constabularies arm their officers with a semi-automatic, magazine fed pistol firing a round either 9x19mm or .45 ACP. 3.2 - Understanding this nation has no firearms limitation laws, it is recommended that all Constabularies maintain an appropriate arsenal of Pistol-Cartridge semi-automatic Carbines (‘SMGs’), Intermediate-Cartridge select fire Rifles (Assault Rifles), Smooth-bore weapons (Shotguns) and Rifle-Cartridge Semi-automatic Rifles (Battle or ‘Sniper’ Rifles). 4.0 Vehicles 4.1 - Recommending that all Constabularies adopt a standardised vehicle which shall be chosen for it’s suitability to task. But not mandating this. 4.2 - Mandating all Constabularies outfit their vehicles with Battenburg markings (yellow/Blue) for clarification, Constabulary Livery and lights. 4.3 - Allowing any Constabulary to procure specialist vehicles as and where necessary, if it meets the requirements. E : Misc. 1 1.1 - The Constabularies will be utterly independent of any and all Political Parties. F : Ommissions of Act 1 1.1 - This Act Omits listing the Criminal Justice Code 1.2 - This Act Omits listing the Police Code of Code of Conduct 1.3 - This Act Omits legislating on the creation of Courts, though RECOMMENDS that such is done. 1.4 - This Act Omits legislating on Service Police or Nationwide Forces. National Police are covered by the National Security Act (National Security Act), and Service Police (e.g. Military Police, Air Force Police, Naval Provost) must be covered in legislation concerning their respective branches. it is RECOMMENDED that such is done. 1.5 - This Act Omits legislating on Forensics Investigation, though RECOMMENDS that such is done.